Sixth Circuit Affirms ADEA Summary Judgment – Plaintiff not Qualified for Failure to Pass Graded Test
In Walden v. General Electric International and Communication Workers of America (6th Cir., No. 24-5141, 10/24/2024), Walden sued his employer and union for age discrimination. The Western District of Kentucky granted summary judgment for the defendants. Walden worked...
Sixth Circuit Affirms – and Reverses – on ADEA Discrimination and Harassment Claims
In McNeal v. City of Blue Ash, Ohio (6th Cir., No. No. 23-3180, 9/23/2024), the City terminated McNeal, a 61-year-old police officer and the oldest officer in the Department. He sued claiming age discrimination and a hostile work environment. The federal district...
Retaliatory Discharge Claim Not Covered by Arbitration Provision in Employee Confidentiality Agreement
In Collier Engineering Co v. Martin (Tenn. Ct. App. M.S., No. M2022-01641-COA-R3-CV, Sept. 23, 2024), Collier Engineering sued Martin, a former employee, for breach of contract – specifically, an “Employee Confidentiality, Non-Compete, and Non-Solicitation Agreement”...
Employer Must Re-Open Union Facility Due to Unfair Labor Practice – Sixth Circuit
In Quickway Transportation v. National Labor Relations Board, Teamsters Union Local 89 (Intervenor), Sixth Circuit, Nos. 23-1780/1820 (Sept. 11, 2024), the Union had successfully organized the employees at Quickway’s Louisville, Kentucky distribution facility....
Sixth Circuit Affirms Jury Verdict for Sexual Harassment
After a four-day trial and three days of deliberations, a jury in the Eastern District of Tennessee found in favor of the plaintiff Ariel Schlosser, awarding $58,170.00 in back pay incurred subsequent to her resignation. Schlosser was hired as a certified diver for...
Employee’s Title VII Claims Survive “Last Chance Agreement”
In Moore v. Coca-Cola Bottling Company Consolidated (6th Cir., No. 23-3775, 08/22/2024), the plaintiff Moore signed a Second Chance Agreement (SCA) after a positive drug test. Later, due to an insubordination charge, he signed a Last Chance Agreement (LCA) which...